BAL RAJ TULI, J.

1. This appeal under clause 10 of the Letters Patent is directed against the judgment of a learned Single Judge, D/- 3-9-1973, passed in S.A. No. 103 of 1963. The short point involved in this appeal is whether the gift-deed (Exhibit P. 1) amounts to acknowledgment of subsisting mortgage by Inder Singh in favour of Smt. Bishni. The facts, which have given rise to the point of law involved in the case, are that Khazana mortgaged land measuring 22 bighas 9 biswas in favour of Bhagwana on June 14, 1893, for Rs. 650.00 . The mutation in respect of that mortgage was sanctioned in 1894, Jamabandi for the year 1912-13 (Exhibit P. 31) shows that land measuring 17 bighas 15 biswas instead of 22 bighas 9 biswas was under mortgage with Chirta son of Bhagwana as mortgagee. The mortgagors of that land at that time were Attru, Dittu and Naraina, sons of Khazana, and Inder Singh and Arjan Singh, sons of Harnam Singh, another son of Khazana, who died in 1898. Dittu and Naraina died issueless and after their death Inder Singh and Arjan Singh to the extent of one-half and Attru to the extent of the other half were the mortgagors of the land. Attru also died leaving behind Smt